Private party transfer of firearm (Read 3917 times)

hyperstang00

Private party transfer of firearm
« on: May 13, 2014, 07:12:34 PM »
Hey guys..

So I went ahead and downloaded a generic form to transfer the title of a gun from a private party.  All went through and now I need to pick up the permit after waiting 2 weeks.  My question is...can I bring down the gun when I pick up the permit and just show the gun when I pick up the permit?  Or do I need to pick up the permit and leave the line and go back inline with the firearm?

This is my first time and I'm not sure how it works.

Thanks

mauidog

Re: Private party transfer of firearm
« Reply #1 on: May 13, 2014, 07:18:01 PM »
Hey guys..

So I went ahead and downloaded a generic form to transfer the title of a gun from a private party.  All went through and now I need to pick up the permit after waiting 2 weeks.  My question is...can I bring down the gun when I pick up the permit and just show the gun when I pick up the permit?  Or do I need to pick up the permit and leave the line and go back inline with the firearm?

This is my first time and I'm not sure how it works.

Thanks

I assume you mean a handgun...

Easiest method is for both parties to meet at the police station.  Both go to the window and sign the back of the permit.  Exchange cash & firearm.  Seller can then leave.  Buyer waits for registration and signs it.

Not complicated at all.  Just did this last Friday!  :)
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

new guy

Re: Private party transfer of firearm
« Reply #2 on: May 13, 2014, 07:20:09 PM »
.
« Last Edit: August 20, 2016, 07:40:40 AM by new guy »
Your mindset is your primary weapon. - Jeff Cooper

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Re: Private party transfer of firearm
« Reply #3 on: May 13, 2014, 07:20:40 PM »
Is it a pistol?   Per the law your now "supposed" to have possession of it till after you pick up the permit.  Then u need to take it back to hpd for verification of serial #s.  Even rifle your not supposed to have possession of it till after you have your permit in hand.

hyperstang00

Re: Private party transfer of firearm
« Reply #4 on: May 13, 2014, 07:24:47 PM »
Yeah..sorry this is for a pistol.  So I already turned in the paper work and the transfer of information to HPD already.  They took it and told me to comeback in 2 weeks so I assume everything was okay at that point.  I now need to go back to pick up the permit for the pistol.  But the owner is off island right now and it's with his sister.  I think I'll just have her meet me on the street when I pau and just go back inline with the firearm.  That might be the better way. 

GTEC

Re: Private party transfer of firearm
« Reply #5 on: May 13, 2014, 08:38:38 PM »
Yeah..sorry this is for a pistol.  So I already turned in the paper work and the transfer of information to HPD already.  They took it and told me to comeback in 2 weeks so I assume everything was okay at that point.  I now need to go back to pick up the permit for the pistol.  But the owner is off island right now and it's with his sister.  I think I'll just have her meet me on the street when I pau and just go back inline with the firearm.  That might be the better way.
[/quote

not going to work
registered owner needs to sign off as the seller on the back of the permit
by right, she should not have possession of the firearm.]

hyperstang00

Re: Private party transfer of firearm
« Reply #6 on: May 14, 2014, 06:41:26 AM »
No problem...he comes back today.  Ill have him sign it tonight and ill go back tomorrow. 

mauidog

Re: Private party transfer of firearm
« Reply #7 on: May 14, 2014, 07:21:37 AM »
No problem...he comes back today.  Ill have him sign it tonight and ill go back tomorrow.

Once he signs the permit, you are the legal owner.  No need to have his sister involved. 

Tonight:
Pay for the gun,
get the permit signed by the seller,
and take possession of the gun. 

Then take everything to the police station to register within 5 days of the signing.
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

stangzilla

Re: Private party transfer of firearm
« Reply #8 on: May 14, 2014, 07:43:58 AM »
i think you only have 2 days to go back to HPD for handguns

sorry, Mr. HyperStang, forgot to ask HPD about this part of the transaction. about signing the back.
good luck
when its all done, you'll have a great handgun!  :shaka:

hyperstang00

Re: Private party transfer of firearm
« Reply #9 on: May 14, 2014, 08:07:14 AM »
Once he signs the permit, you are the legal owner.  No need to have his sister involved. 

Tonight:
Pay for the gun,
get the permit signed by the seller,
and take possession of the gun. 

Then take everything to the police station to register within 5 days of the signing.

Thanks Mauidog...it's a learning process for private selling.  NEVER did one before...but now I know the drill which makes me a bit more better knowing what to do now if I buy from a private seller. 

i think you only have 2 days to go back to HPD for handguns

sorry, Mr. HyperStang, forgot to ask HPD about this part of the transaction. about signing the back.
good luck
when its all done, you'll have a great handgun!  :shaka:

No worries stangzilla...thanks for helping me up to this point.  We hitting that range once this is all final.   :shaka: :shaka:

RSN172

Re: Private party transfer of firearm
« Reply #10 on: May 15, 2014, 10:23:16 PM »
I registered handguns twice, four days after acquisition and HPD did not say anything.  I read the laws on gun registration and did not see anything about having to register a handgun in two days.  If there is such a requirement can someone direct me to exactly where it is?

dogman

Re: Private party transfer of firearm
« Reply #11 on: May 15, 2014, 11:11:04 PM »
 
I registered handguns twice, four days after acquisition and HPD did not say anything.  I read the laws on gun registration and did not see anything about having to register a handgun in two days.  If there is such a requirement can someone direct me to exactly where it is?
I've stretched it out to the full five days at least twice, also will nothing said by HPD. After reading the two day thing on another thread, I asked the guys at the window about registering handguns and Mic told me "48 hours handguns; five days long guns". The guys at SEC would always tell me "you have 48 hours to register" when acquiring a handgun.

OldFaithful

Re: Private party transfer of firearm
« Reply #12 on: May 15, 2014, 11:17:33 PM »
I remember this topic months ago.  HRS says 5 days, but HPD says 48 hours, which is a bit ridiculous in my opinion.  Law says 5 days and as seen in this thread people do just that.

mauidog

Re: Private party transfer of firearm
« Reply #13 on: May 15, 2014, 11:44:07 PM »
I registered handguns twice, four days after acquisition and HPD did not say anything.  I read the laws on gun registration and did not see anything about having to register a handgun in two days.  If there is such a requirement can someone direct me to exactly where it is?

If I was told correctly, here's how the story is supposed to go.  Remember, this is just for local purchase from stores, receiving a gun directly from out-of-state seller (mail), or private sale if both are Hawaii residents.  Different rules apply to other situations.

We have to differentiate PERMIT from REGISTRATION.  First step is the TRANSFER, which requires a PERMIT to Acquire.

Quote
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm

§134-2  Permits to acquire.

(f)  In all cases where a pistol or revolver is acquired from another person within the State, the permit shall be signed in ink by the person to whom title to the pistol or revolver is transferred and shall be delivered to the person who is transferring title to the firearm, who shall verify that the person to whom the firearm is to be transferred is the person named in the permit and enter on the permit in the space provided the following information:  name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable.  The person who is transferring title to the firearm shall sign the permit in ink and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after transferring the firearm.

     In all cases where receipt of a firearm is had by mail, express, freight, or otherwise from sources without the State, the person to whom the permit has been issued shall make the prescribed entries on the permit, sign the permit in ink, and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after taking possession of the firearm.

     In all cases where a rifle or shotgun is acquired from another person within the State, the person who is transferring title to the rifle or shotgun shall submit, within forty-eight hours after transferring the firearm, to the authority which issued the permit to acquire, the following information, in writing:  name of the person who transferred the firearm, name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable.

All of this basically says the Permit to Acquire, which has multiple pages, must be forwarded to the police dept in 2 days by the gun shop or private seller unless the gun comes from out of state, in which case the buyer has to do it.  This notifies the police of the transfer.

Now, we get to registration:

Quote
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0003.htm
   
§134-3  Registration, mandatory, exceptions.

(b)  Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition.  The registration shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information:  name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which receipt was obtained, including the name and address of the prior registrant.  If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration.  All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required for processing the registration or as may be required by a law enforcement agency for the lawful performance of its duties or as may be required by order of a court.

So, the buyer now has 5 days from the date the transfer happened to take the gun in and register it.  While the gun shop might have a 2-day deadline to send in the permit, the buyer has a 5-day deadline to register.

That's my story, and I'm sticking to it!

 :shaka:
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper